Ontario is Cracking Down on Vexatious Litigation
The Ontario Government will be implementing a new regulation (ON Reg 322/24) that is designed to deter purposefully troublesome delay that is caused by vexatious litigants. This new regulation will coincide with the amendment passed earlier this year to s.140 of the Courts of Justice Act; all of which will come into effect at the Lieutenant Governor General’s proclamation. Leashing Vexatious Litigants – Changes to …
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Operation Early Dawn Invoked in the UK Due to Prison Cell Shortage
Operation Early Dawn, an emergency measure that keeps defendants in police cells until a space in prison opens up, has been invoked twice this year in the UK due to prison cell shortages. In May, it was used when the number of available prison cells dropped to under 300. More worryingly, it was activated again due to the influx of arrests from the UK anti-immigration …
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When to Quit
In Quit, Annie Duke explores when it is better to quit than go on. Her fundamental thesis is that it is often better to quit than to carry on. She points out many examples of people who quit, or are forced to quit, who then go on to be grateful they did so. The climbers who turned back from the Everest Summit but survived when …
Delayed Double Homicide Case: Intentional Delay Tactics by Defense? Or Understaffed Defense Office?
The Case On May 2, 2022, two three-year-old boys Hunter Jackson and Odin Ratliff were killed when Kent Cody Barlow drove his car off the road into a corral they were playing in. Spencer Burt for Fox 13 reports that “the structure collapsed on top of the boys, which caused their death, according to the state medical examiner.” The prosecution claimed that Barlow was high …
Psychiatric Assessment Backlog in Manitoba
There is a backlog of psychiatric assessments in the Manitoba criminal courts, report a Free Press editorial released just today. “It’s months-long delays for people who have been accused of crimes and are waiting for psychiatric assessments,” reports the Free Press. This is not a new story. The Free Press, reported in February 2013 that “Lengthening lineups for psychiatric assessments are delaying cases, forcing accused …
Enormous Seven-Year Construction Case Comes to a Conclusion – Walsh Construction v Toronto Transit Commission
The Seven year long Walsh Construction v Toronto Transit Commission case has come to a conclusion… probably. It’s possible that either of these parties may appeal the decision, but at least the decision was awarded. It was a case that took about as long as the project did. The project was the construction of the Pioneer Village Subway Station in Toronto. Construction began on September …
“Justice is Never Too Late to Come”
“Justice is Never Too Late to Come.” This was the powerful statement made by the spokesperson for the family of the girl who was killed by Ibrahim Ali in 2017. As noted elsewhere there is a deep appreciation for justice and it can still be received as justice many years after the event and despite ample grounds for concern over timeliness.
All Judicial Appointments Since the Hameed Decision
In Hameed v. Canada 2024 FC 242 the Federal Court has declared that the Federal Executive is required to make timely judicial appointments within a “reasonable time of vacancy.” The Honourable Mr. Justice Henry Brown, ruling on the decision, found the number of judicial vacancies (85) appalling and untenable and ordered that “appointments to fill judicial vacancies… must be made within a reasonable time.” Since …
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Forensic Delay in the Delisle Case
Police called to the scene of a wife who has been killed by gunshot are conditioned by training and experience to suspect the husband. In 2009 the elderly Nicole Rainville died by gunshot and her husband Jacques Delisle, a former judge for the Court of Appeal in Quebec was charged, tried and convicted for her murder and served almost nine years in prison. Investigators have …
Delaying Departures
It has been a fact of deportation for sometime that many people who are deported stay around. The Globe on February 13, 2024 reported that only a quarter of people given notice of deportation since 2016 have actually been removed. This is particularly concerning when the basis of the deportation is the commission of a serious criminal offence. No matter how small the share of …